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HomeNewsArchivesV.I. Answer Desk: November Ballot Question To Increase Senators’ Terms?

V.I. Answer Desk: November Ballot Question To Increase Senators’ Terms?

Reader Jason Budsan asks: "Is there a referendum question on the V.I. November 4th, 2014 general election ballot concerning increasing the terms of local senators from two years to four years? Who were the senators who voted in favor or against this measure and the reasoning for approving it to be on the ballot?”

Yes, there is such a referendum question, but if approved it would only express to Congress a desire that it consider increasing the terms from two to four years. Congress may or may not address the matter. And it could be settled locally, regardless of the ballot question.

The ballot question reads: "There has been recent interest with respect to increasing the terms of local senators from two years to four years. Are you in favor of the United States Congress amending Section 6(1) of the revised Organic Act of 1954 to increase the term of office of local Senators from two years to four years?"

The Organic Act is the federal law that establishes local government in the Virgin Islands. The passage cited in the ballot question sets terms at two years.

The bill was sponsored by Sen. Terrence "Positive" Nelson. It was passed by the Legislature on Sept. 30, 2013 and signed by Gov. John deJongh Jr. on Oct. 15, 2013. [Act 7529]

When the bill was considered in committee, Nelson said he hoped a change of that sort would enable legislators to focus more on their work and allow them to spend less time campaigning.

V.I. Elections Supervisor Caroline Fawkes testified that the cost of such a change has to be taken into consideration, but did not oppose or support the measure itself. (See Related Links below)

The question could also be settled locally, if and when the territory enacts a V.I. Constitution. U.S. Public Law 94-584 says the "Legislatures of the Virgin Islands and Guam, respectively, are authorized to call constitutional conventions to draft, within the existing territorial-federal relationship, constitutions for the local self-government of the people of the Virgin Islands and Guam."

While the recent Fifth V.I. Constitutional Convention failed to approve a constitutionally and legally sound document, the Legislature has the power to create a new convention and set it up in any manner it chooses, so long as the resulting document meets several basic conditions, such as a republican form of government and recognition of the U.S. Constitution as the supreme law of the land. Any new constitution would take precedence over a change to the territory’s government enacted by Congress.

Voting in favor of placing the question on the ballot were: Sens. Nelson, Judi Buckley, Kenneth Gittens, Myron Jackson, Clifford Graham, Nereida "Nellie" Rivera-O’Reilly and Janette Millin Young.

Voting against were: Sens. Craig Barshinger, Tregenza Roach, Alicia "Chucky" Hansen, Shawn-Michael Malone, Clarence Payne and Sammuel Sanes.

Sen. Donald Cole was absent and Sen. Diane Capehart abstained.

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